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1996 Supreme(Del) 927

USHA MEHRA
PARAMVIR SINGH SACHDEVA – Appellant
Versus
KOHINOOR PAINTS – Respondent


Usha Mehra, J.

( 1 ) PARTIES are related to each other. They are exerting their rights over the marks CHABI and KOHINOOR. The respondents are the sister and brother-in-law of the petitioner. The affairs of the firm known as M/s Kohinoor Paints Faridabad Ltd. was looked after by Shri Trilok Singh Sachdeva and his family members. The petitioner is the son of said Shri Trilok Singh Sachdeva. Shri Trilok Singh Sachdeva died on 2nd November,1992. It has been the case of the petitioner as set up in the plaint that he got a shock on the death of his father. He, therefore, did not object to the use of the mark CHABI and KOHINOOR by the respondents. There was, however, clear understanding between the family members i. e. the petitoner and respondents that as and when the petitioner s own business interest require, the respondents shall forthwith cease and desist from using the mark CHABI and KOHINOOR. The petitioner is holding more than 47% share in the company. The dispute within the family started when the petitioner informed the respondents that he was ready with the infrastructure to do his business, therefore, the respondent should cease and desist from using the mark CHABI and KOHINOO


























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